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Process of adjustment of status

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  • Process of adjustment of status

    I know from reading this forum that there are quite a few people that will give me negative responses but I am asking anyways because the majority seem to be understanding and helpful. Anyways, I will be trying to file and adjustment of status for my husband who overstayed a visa. He is currently detained because he had a misdemeanor charge (which I'll get a lot mess from people here because he did do something wrong) it was driving without a license. Does anyone know about the process through the court system and about bond and things like that. If you don't have any helpful advice, please refrain from telling me how horrible he is because his visa expired. thank you in advanced.

  • #2
    Mandee3911, Usually as an overstayer the process is quite straightforward, but as he has a driving offense I'm not too sure (sorry) maybe 4now will pop in with an answer for you or Hudson.


    • #3
      We haven't filed the AOS yet, our lawyer told his to file the I-130 only for right now. because the others will get denied which will make the I-130 get denied. I don't have collateral i believe my mom will try and help. Also, do they give him a bond amount when he's detained (if he's eligible for bond) or do they HAVE to go to a bond hearing?


      • #4
        well the technically the story is this. He is serving 45 days for driving ticket because it violated another traffic ticket probation that was from 2 years ago that was also a misdemeanor. While in jail which he still is, immigration officals spoke with him and interviewed him, his release date is Sunday. He asked if there was a detainer and they said yes. We hadn't sent his I-130 yet, we are doing this Monday. Court wasn't what he expected because our lawyer was going to try and get it resolved and it didn't happen right so we hadn't filed the I-130. He is mailed the signed G-325A's today. We are sending them Monday through a lawyer who is going to try and expedite it because there might be a deportation trial (i have 2 lawyers working on this part because we were using the first to file papers and the 2nd deals with deportation) So he hasn't been detained yet, but he will be on monday or tuesday) From what I read they will give him his charges (which should only be overstaying visa) within the first couple of days with a notice to appear. Our lawyer says a bond hearing wouldn't be for probably 2 weeks because the papers need to be sent to Georgia before you can request the bond hearing which usually takes 2 weeks. I was apprehensive to explain the whole situation since there are people on here that I'd rather not post to this.


        • #5
          well he came on an H2B visa. His first offense was a hit and run with property damage (Which he didn't do, he stupidly lent his car to his friend but nevertheless, he got charged and guilty for it) and the max for that was 120 days unless he did probation and violating probation would be 45 days. So its not a AF and the lawyer said its not a COV but the INS lawyer might try to say its a CMT. but she says we can try and say its a petty offense because it doesn't meet the requirments for deportation. She looked at his whole court case file for that and she believes we can get him out on bail and sending the I-130 before trial will be good because we might be able to put the court off pending approval of the I-130. I looked up info on bails bonds but it all says "when calling know the A#" but he doesn't have this yet. Also, I've read people do the bond hearing because the bond DHS sets is way high, so they do the bond hearing to get it reduced.


          • #6
            Driving without a license is not, generally, a CIMT. BIA has stated that many, many times.

            The Hit and Run "could" be a CIMT, depending on the specific statute and the intent element, if any.

            However, even if it is considered a CIMT (with respect to the hit and run) the sentence you describe renders your husband eligible for the "petty offense" automatic waiver.

            Your husband should be eligible to file for AOS as long as he remains in the U.S.

            This is just general info and not specific advice, please consult with a lawyer if you have legal questions or need legal advice and guidance.



            • #7
              That is what our lawyer said houston. Thats why we are going that route. Also, the reason we didn't apply sooner is because we were gonna do the AOS "packet" with everything together. We got married october 19th and met with the lawyer that day, we got the letter from them on the info we needed to collect 11/02. Then his court was the 28th. So we didn't really have a chance because we didn't expect the court to make the decision they did.


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